Dharmendra Mandal v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.59501 of 2017 Arising Out of PS.Case No. -562 Year- 2017 Thana -KHAGARIA District- KHAGARIA ====================================================== Dharmendra Mandal, Son of Photer Mandal alias Rajendra Mandal, Resident of Village- Shekhpura, P.S.- Mufassil, District- Khagaria. .... .... Petitioner/s

Versus

The State of Bihar.

.... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Jai Kishor Poddar For the Opposite Party/s : Mr. Harendra Prasad ====================================================== CORAM: HONOURABLE MR. JUSTICE MOHIT KUMAR SHAH ORAL ORDER 22-12-2017 Heard the learned counsel for the petitioner and the learned A.P.P. for the State.

Petitioner seeks regular bail in connection with Khagaria P.S.Case No.562 of 2017 instituted for the offence under Sections 272, 273 of Indian Penal Code and Sections 30(a), 36, 38, 41of Bihar Prohibition and Excise Act,2016.

The allegation is regarding recovery of 27.470 litres of illicit foreign liquor from the possession of the co-accused persons.

The learned counsel for the petitioner submits that no recovery has been affected from the conscious possession of the petitioner and he has also not been apprehended from the spot. Thus, he has falsely been implicated in the present case. Petitioner

Patna High Court Cr.Misc. No.59501 of 2017 (2) dt.22-12-2017 2/2 is accused in one case but he is on bail in the said case. He is languishing in custody since 22.09.2017.

Considering the nature of accusation and the period of custody already undergone, I direct the petitioner, named above, to be released on regular bail on furnishing bail bond of Rs.10,000/- with two sureties of the like amount each to the satisfaction of the learned Additional District Judge-III, Khagaria, in Khagaria P.S. Case No.562 of 2017.

(Mohit Kumar Shah, J) AnilKrSinha/- U